Saturday, April 26, 2014

Revision of the rates of Allowance in lieu of Running room facilities, Shunting Duty Allowance, Trip Allowance and Commercial duty Allowance pay able to the running staff with effect from 1-1-2011.

Revision of the rates of Allowance in lieu of Running room facilities, Shunting Duty Allowance, Trip Allowance and Commercial duty Allowance pay able to the running staff with effect from 1-1-2011.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
S.No. PC-VI/ 335
RBE NO. 36 /2014
No.E(P&A)II-2005/RS-34
New Delhi, dated 22.4.2014.
The General Managers(P)/CAOs,
All Indian Railways & Prod. Units etc.
(As per mailing lists No.I&II).

Sub: Revision of the rates of Allowance in lieu of Running room facilities, Shunting Duty Allowance, Trip Allowance and Commercial duty Allowance pay able to the running staff with effect from 1-1-2011.

Ref: Board’s letter of even no. dated 1-10-2009.

After the promulgation of the Railway Services (Revised Pay) Rules, 2008, Board has issued letter of even no. dated1-10-2009 deciding the rates of Allowance in lieu of Running room facilities, Shunting Duty Allowance, Trip Allowance and Commercial duty Allowance

2. Board has now decided that the rates which were laid down vide Board’s letter of even no. dated 1-10-2009 may be increased by 25% with effect from 01-01-2011. The other terms and conditions governing the grant of these allowances would remain unchanged.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

4. Please acknowledge receipt.

(K. Shankar)
Director/E(P&A),
Railway Board.
Source-AIRF

Reply to 7th CPC Questionnaire is being prepared by Confederation CHQ

Reply to 7th CPC Questionnaire is being prepared by Confederation CHQ

Reply to be submitted to 7CPC on Questionnaire is being prepared by Confederation CHQ under the able and experienced guidance and leadership of Com.S.K.Vyasji (Advisor, Confederation) and Com.KKN.Kutty ( National President, Confereration). Suggestions if any, by the C-O-C s and Affiliated Organisations may be sent by e-mail to Confederation CHQ (e-mail-ID confederationhq@gmail.com ormkrishnan6854@gmail.com ). Karnataka C-O-C has already sent its valuable comments and feedback to the CHQ.

Final Draft of the reply to the Questionnaire will be exhibited in the Confederation website.
It will be better if all the affiliates of Confederation submit the reply on the same line
M.Krishnan
Source: Confederationhq.blogspot.com

Substitute employee can’t claim family pension against norms: High Court

Substitute employee can’t claim family pension against norms: High Court

Allowing Central Railway’s plea, the Nagpur bench of Bombay high court has ruled that temporary employee is not eligible for family pension without following procedure. “Though service of more than six months as a ‘substitute’ employee was rendered, that would not be sufficient to hold the respondent entitled for the family pension. The procedure prescribed has not been shown to be followed and, hence, mere acquisition of the status of a temporary employee would not make his family eligible for the pension,” a division bench comprising justices Vasanti Naik and Atul Chandurkar held.

Hari Borkar was employed as a ‘substitute’ ladderman with the Indian Railways on January 16, 1967, and after working for about three-and-a-half years, he expired on August 12, 1970. His wife Kamlabai sought settlement of dues, including family pension. However, the railways informed her in 1996 that there was no provision for it since her husband worked as ‘substitute’. She then knocked Central Administrative Tribunal (CAT) door which granted her pension from November 12, 1994.

The railway challenged this order contending that there was no automatic absorption/appointment to its service of a ‘substitute’ employee unless the prescribed procedure was followed and therefore, Kamlabai was not entitled for the pension.

Kamlabai, in reply, argued that if a ‘substitute’ completed six months continuous service, the status of a temporary employee was attained, and on that basis, their family members were entitled for the pension.
The petitioners, however, pointed out that the Indian Railway Establishment Manual defines ‘substitute’ as persons engaged in the railway establishments on a regular scale of pay and allowances applicable to posts against which they are employed. It also clarifies that the conferment of temporary status on a ‘substitute’ on completion of six months continuous service would not entitle him to automatic absorption/appointment to the service unless the person is selected in the approved manner for appointment to the regular post.

“It is clear that mere completion of six months continuous service by a ‘substitute’ would not automatically have the effect of absorption/appointment to railway service unless the procedure prescribed for absorption/appointment has been followed,” the court held.

Source: http://timesofindia.indiatimes.com

Annual Increment for Central Government Employees – Comparison table between 5th & 6th CPC

Annual Increment for Central Government Employees – Comparison table between 5th & 6th CPC
An overview about Central Government Employees’ Increment
‘Increment’ is definitely one of the most popular words in the Central Government employee’s dictionary. It is a known fact that each year, without fail, increment brings considerable raise in salary for Central Govt employees.

Until about the 5th CPC, there was no major change in the increment system. But, the 6th CPC brought in landmark reforms in the increment system.
Until then, increments were given in the form of a consolidated amount. The 6th CPC recommended that it be calculated on percentage basis. The Central Government ordered that it be calculated at 3% of the employee’s basic pay with effect from 1.1.2006.The CG employees didn’t realize how useful this was going to be. They thought it wouldn’t amount for much. It was Rs.75 for Rs. 3050 and revised to Rs. 210 for Rs.7000 with simple calculation.
But that was not the end of the story. It was only after a number of years that they realized the true impact of this reform. Let us explain the benefits with an example:
Let us consider the examples of A, and B, two employees who had joined the Central Government services: In five years of getting recruited, B gets a promotion. A gets a promotion three years after B.

On the basis of the 6th CPC :
6th CPC






A’ Employee


B’ Employee


1.9.2008 1900 5830 7730 1.9.2008 1900 5830 7730
1.7.2009 1900 6070 7970 1.7.2009 1900 6070 7970
1.7.2010 1900 6310 8210 1.7.2010 1900 6310 8210
1.7.2011 1900 6560 8460 1.7.2011 1900 6560 8460
1.7.2012 1900 6820 8720 1.7.2012 1900 6820 8720
1.7.2013 1900 7090 8990 1.7.2013 2400 7090 9490
1.7.2014 1900 7360 9260 1.7.2013 2400 7380 9780
1.7.2015 1900 7640 9540 1.7.2014 2400 7680 10080
1.7.2016 2400 7930 10330 1.7.2015 2400 7990 10390
1.7.2016 2400 8240 10640 1.7.2016 2400 8310 10710

On the basis of the 5th CPC :
5th CPC




‘B’ Employee

‘A’ Employee

1.2.2000 3050
1.2.2000 3050
1.2.2001 3125 75 1.2.2001 3125 75
1.2.2002 3200 75 1.2.2002 3200 75
1.2.2003 3275 75 1.2.2003 3275 75
1.2.2004 3350 75 1.2.2004 3350 75
1.2.2005 4000 100 1.2.2005 3425 75
1.2.2006 4100 100 1.2.2006 3500 75
1.2.2007 4200 100 1.2.2007 3575 75
1.2.2008 4300 100 1.2.2008 4000 100

Can you understand the difference now?
In 6th CPC the difference between ‘A’ and ‘B’ will be Rs.70 only, whereas in 5th CPC it will be Rs.300.
The Junior doesn’t have to worry that the senior has a tremendous advantage over him. In the past, the Junior wouldn’t be able to attain the Senior’s basic pay until retirement.

Source: 90paisa.blogspot.in
[http://90paisa.blogspot.in/2014/04/annual-increment-for-central-govt.html]

Bharat Pensioners Samaj reply to 7th CPC questionnaire-Revised draft

Bharat Pensioners Samaj reply to 7th CPC questionnaire-Revised draft


Ms Meena Agarwal
Secretary  GOI Seventh Central Pay Commission
Post Box No 4599 Hause Khas
P.O. New Delhi -110016
e.mail: secy-7cpc@nic.in
Madam,
Subject: 7th CPC Questionnaire
Reference: D.O. No 7cpc/15/questionnaire dated 9th April 2014
Bharat Pensioners Samaj’. One of the identified Pensioners’ Federation by GOI  M/O Personnel,  PG & Pensions-DOP& PW and a stake holder. In its capacity as one of the oldest & largest Pensioners Organization with over 500 Affiliated Associations, submits hereunder its reply to the questionnaire issued vide your D.O. No 7cpc/15/questionnaire   dated 9th April 2014.
As Pension is not independent of Salary. Salary structure also, is a matter of concern to pensioners. However, Bharat Pensioners Samaj limits its answers to Question Nos 1.1,1.2 , 10.1 &  10.1.2 under the heads ‘Salary’ & ‘Pension’ .
Q.1.1  The consideration on which the minimum and maximum salary in case of the lowest group c’ functionary and the maximum salary in case of a secretary level officer may be determined and what should be the ratio between the two.
Ans. Socialistic structure of the country , constitutional provisions for equality & reduction of vast  inequality in income & wealth between highest and lowest paid should be the main  considerationfor fixing maximum & minimum Salary.
The Ratio between maximum & minimum of Salary be brought down to  1: 9. Ensuring uniformly equal % rise in Salary of all employees by adopting a common multiplication factor.
4th CPC had determined the ratio between minimum & maximum of salary to be 10.7(Chapter 41 & 43). In accordance with  the basic fiber of a socialistic State this ratio should have gone reducing Pay Commission after Pay Commission. Even in capitalist countries like America & Britain this ratio is 1: 3.3 &1:5 respectively?  In  countries with weaker economy like Philippines this is 1: 9.5. VI CPC adopted conversion factor of  1.86 to arrive at the minimum of lowest pay Band, where as it adopted a factor of  3.37 for arriving at the highest scale. This shredded the very basic fiber of the Constitution of Indian Socialistic State by raising  the  ratio  between minimum & maximum of Salary to 1: 12.85. This negative and socially regressive effect of the 6th Central Pay Commission has had the effect of worsening wealth and income inequality not only between pre-and post-2006 retirees, but even within pre-2006 retirees wherein higher-ups got full parity in Pension(Through modified parity) .Adoption of  a ratio of 1:9 between minimum & maximum paid will therefore rectify to some extent the injustice done so far .
Defence Employee:
As far as Armed forces are concerned they do the supreme sacrifice for the country & must be the highest paid .For them the ratio between lowest & highest paid must not be more than 1:5.
Q.1.2  What should be the consideration for determining salary for various levels of functions between the highest level and the lowest level functionaries?
Ans. Equal  % rise in Salary of all employees should be the main consideration .Revise the highest existing Salary first. Divide the revised maximum Salary by 9 to arrive at the revised minimum Salary. Divide the revised minimum salary by existing salary. The factor so arrived may be adopted as common multiplication factor.
Q. No 10.1 New pension Scheme i.e The retirement benefits of all Central Government employees appointed on or after 1.1.2004 are covered by the New Pension Scheme (NPS). 
What has been the experience of the NPS in the last decade?

Ans. Withdraw New Pension Scheme: for following reasons:
(i) Pension of Govt. employees is a deferred wage. Since wage paid out to them
during the course of work tenure is kept low by design, to cater for pension.
(ii) He/She forgoes with interest 8.33% of govt. matching contribution to PF.
(iii) Pension is a social security measure & cannot be subjected in any way to Market risks
(iv) It does not guarantee minimum return & thus lacks the basic fiber of Social Security Scheme (iv). It is in no way better than the existing Pension  Scheme .
(v)It does not provide guaranteed Family Pension to dependents & disabled siblings which exist in present scheme, even in case of spouse & dependent parents where death of the employee occur in early years of service there is no adequate social security.
Q. 10.1.2  i.e.  As for as pre 2004 appointees are concerned, what should be the principles that govern the structure of pension and retirement benefits?
Ans.  1.Keeping in view the Socialistic structure of the country , constitutional provisions & to reduce vast inequality between have & have lots, it is proposed:  The Ratio between maximum & minimum of Pension be brought down to  9:1. Ensuring uniformly equal rise in Pension of all pensioners, irrespective of pre- retiral status. By adopting common multiplication factor for revision of Pension, raising the ratio between minimum & maximum pension to 1:12.85 by 6thCPC  , instead of reducing it,  was  unconstitutional.
7th pay commission is requested to  first workout the top most revised pension, divide it by 9 to arrive at the minimum revised pension & then derive a uniform multiplication factor  by dividing minimum  revised Pension by minimum pre-revised Pension, with the condition that Pension shall not in any case be less than 65% & family Pension 45% of the last Pay  in Pay Band i.e. Pay in Pay Band+ GP  /Pay scale or of average of last 10 months emoluments (Whichever is more beneficial) as was worked out & recommended by TECS (Tata Economic Consultancy Services)  consultant to Vth CPC (Para 127.9 Vol III 5th CPC report)
2.One Rank one pension i.e full parity: ‘Justice must be equal for all’.
Otherwise, it breeds contempt, discontentment, inefficiency, corruption & finally the insurgency. We have seen it happening in Tribal areas of N.E, Chhatishgarh, Jharkand, Orisa, MP etc.
Vast inequality of income and wealth between lowest & the highest paid, violation of Article 14 has already induced contempt, discontent, inefficiency & corruption, in Civil services.
Govt. granted One Rank One Pension (OROP) to Armed forces, Judges granted it to themselves. Even a period of private practice of lawyer judges, to be counted towards qualifying service. Higher Bureaucracy got it through modified parity.   All other Central Govt. employees & Pensioners are definitely not the 2nd grade citizens!  One Rank one Pension to all retirees is now a constitutional requirement to ensure equality.
3.Defence Pensioners: 
As far as defence pensioners are concerned they do the supreme sacrifice for the country .For them the ratio between highest & lowest paid must not be more than 1:5 and instead of being thrown out at an early age they must be transferred to paramilitary/police force after active tenure in armed forces. Otherwise, if these retired army personnel trained in all sort of weaponry are left uncared, they may fall prey to undesirable anti National outfits. In their case it is also essential that retirees from uniformed cadre & civilian defence Pensioners are treated at Par for all purpose.
4.Dearness relief : 
100% neutralization with automatic merger with Pension whenever it goes to 50%  :The Pension of Central Government Pensioners undergo revision only once in 10 years during which period the pension structure gets seriously dis-aligned; 50% increase in price takes place even in less than 5 years. This results in considerable erosion of the financial position of the pensioner. DR does not adequately take care of inflation at this level. Working employees are getting automatic relief by way of 25% increase in their allowances with every 50% rise in Dearness Allowance. As pensioners do not get any allowances, they feel discriminated against. In order to strike a balance, DR may be automatically merged with Pension whenever it goes to 50% .
5.Additional old age Pension : 
5% upward enhancement in pension be granted every five years’  after the age of 60 years & upto 80 years & thereafter as per existing dispensation.       As in the present scenario of climatic changes, incidence of pesticides and rising pollution, old age disabilities/diseases set in by the time an employee retires and go on manifesting very fast, needing additional finances to take care of these disabilities and diseases, especially as the cost of health care has gone very high.
6.Pension to be net of Income Tax :
The purchase value of pension gets reduced day by day due to continuously high inflation and steep rise in cost of food items and medical facilities. Retired persons/Senior citizens do not enjoy fully public goods and services provided by Government for citizens due to lack of mobility and many other factors. Their ability to pay tax gets reduced from year to year after retirement due to ever-increasing expenditure on food, medicines and other incidentals. Their net worth at year end gets reduced considerably as compared to the beginning of the year. Inflation, for a pensioner is much more than any tax. It erodes the major part of the already inadequate pension. To enable pensioners, at the far end of their lives, to live in minimum comfort and to cater for ever rising cost of living, they may be spared from paying Income Tax.
7. Restoration of commuted value of Pension in 12 years: 
Commutation value in respect of employee superannuating at the age of 60 years between 1.1.1996 and 31.12.2005 and commuting a portion of pension within a period of one year would be equal to 9.81 years Purchase. After adding thereto a further period of two years for recovery of interest, in terms of observation of Supreme Court in their judgment in writ petitions No 395-61 of 1983 decided in December 1986, it would be reasonable to restore commuted portion of pension in 12 years instead of present 15 years. In case of persons superannuating at the age of 60 years after 31.12.2005 and seeking commutation within a year, numbers of purchase years have been further reduced to 8.194. Also, the mortality rate of 60 plus Indians has considerably reduced ever since Supreme Court judgment in 1986; the life expectancy stands at 76 years now. Therefore, restoration of commuted value of Pension after 12 years is fully justified.
8. The 6th Central Pay Commission’s improved/new benefits, like full pension for 20 years of service/10yrs service etc  have been limited only to post-1.1.2006 retirees.  This is in violation of the letter and spirit of Hon’ble Apex Court judgment in Nakara Case.
We appeal to the 7th CPC to extend the above benefits to all pre-1.1.2006 retirees with monetary benefit from 1.1.2006 to do them equal justice. And that new/improved benefits which 7th CPC may recommend, too be made equally applicable to present & past pensioners
9.Medical facilities: 
“Health is not a luxury” and “not be the sole possession of a privileged few”. It is a Fundamental Right of all present & past Employees!
To ensure hassle free health care facility to Pensioners/family pensioners, Smart Cards be issued irrespective of departments to all Pensioners and their Dependents for cashless medical facilities across the country.
These smart cards should be valid in
  • all Govt. hospitals
  • all NABH accredited Multi Super Specialty hospitals across the country which have been         allotted land at concessional rate or given any aid or concession by the Central or the State govt.
  • all CGHS, RELHS & ECHS empanelled hospitals across the country.
  • Medical attendants. For reimbursement of bills for treatment & for hospitalization . No referral should be insisted in case of medical emergencies. For the purpose of reference for hospitalization & reimbursement of expenditure thereon in other than emergency cases Doctors/Medical officers working in different Central/State Govt. department dispensaries/health units should be recognized as Authorized medical attendant.

The enjoyment of the highest attainable standard of health is recognized as a fundamental right of all workers in terms of Article 21 read with Article 39(c), 41, 43, 48A and all related Articles as pronounced by the Supreme Court in Consumer Education and Research Centre & Others vs Union of India (AIR 1995 Supreme Court 922) The Supreme court has held that the right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigour. Therefore, the right to health, medical aid to protect the health and vigour of a worker while in service or post retirement is a fundamental right-to make life of a worker meaningful and purposeful with dignity of person. Thus health care is not only a welfare measure but is a Fundamental Right.

We suggest that, all the pensioners, irrespective of pre-retiral class and status, be treated as same category of citizens and the same homogenous group. There should be no class or category based discrimination and all must be provided Health care services at par .
10. Hospital Regulatory Authority:
To ensure that the hospitals do not avoid providing reasonable care to smart card holders and other poor citizens, a Hospital Regulatory Authority should be created to bring all NABH-accredited hospitals and NABL-accredited diagnostic Labs under its constant monitoring of quality, rates for different procedures & timely bill payments by Govt. agencies and Insurance companies. CGHS rates may be revised keeping in mind the workability as per market conditions.
11.Fixed Medical allowance (FMA): 
As is recorded in Para 5 of the minutes of Committee of Secretaries (COS) held on 15.04.2010 (Reference Cabinet Secretariat, Rashtrapati Bhavan No 502/2/3/2010-C.A.V Doc No. CD (C.A.V) 42/2010 Minutes of COS meeting dated 15.4.2010) which discussed enhancement of FMA. “CGHS card estimates for serving Personnel: Since estimates are not available separately for pensioners M/O Health & Family Welfare had assessed the total cost per card p.a. in 2007-2008 = Rs 16435 i.e. Rs.1369 per month for OPD”. Adding to it inflation, the figure today is well over Rs 2000/- PM. Ministry of Labour & Employment, Govt. of India vide its letter no. G-25012/2/2011-SSI dated 07.06.2013 has already enhanced FMA to Rs 2000/- PM for EPFO beneficiaries. Thus, to help elderly pensioners to look after their health, Adequate raise in FMA will encourage a good number of pensioners to opt out of OPD facility which will reduce overcrowding in hospitals. OPD through Insurance will cost much more to the Govt. As such the proposal for raising Fixed Medical allowance to Pensioners is fully justified and is financially viable.
We suggest that FMA for all C.G. Pensioners be raised to at least Rs 2000/- PM without any distance restriction linking it to Dearness Relief for automatic further increase. We further suggest that FMA be exempted from INCOME TAX.
Fixed Medical Allowance (FMA) is a compensatory allowance to reimburse the medical expenses. As Medical Reimbursement is not taxable, FMA should also be exempted from Income Tax.
12.Grievance redressal Mechanism:
Pensioners/Family Pensioners are exploited, harassed and humiliated by their own counterparts in chair, who at the sight of an old person adopt a wooden face and indifferent attitude. Pensioners do not have representation even in Forums & Committees wherein pension policies and connected matters are discussed. The forum of Pension Adalat too is not of much avail as it meets only once a year which is too long a period for an elderly nearer to his end. Moreover, these Adalats deal with settlement claims only. SCOVA too meets only twice a year for about 3 hours at each occasion. Moreover, the scope of SCOVA is limited to feedback on Government policies. DOP&PW is perceived as a toothless authority which lacks direct Service Delivery Capability. It has been striving over the years to redress the Pensioners’ grievances through the ‘Sevottam’ model of the Department of Administrative Reforms & Public grievances; in the absence of strict timeline with punitive clause it is, however, proving to be a failure. Grievances are either not resolved for years or closed arbitrarily without resolving correctly.
We therefore, appeal that for resolving Pensioners complaints ,
(i) A strict time line with punitive clause be introduced in “Sevottam model”
(ii) Grievances are not allowed to be closed without resolving.
(iii) SCOVA be upgraded to JCM level covering all Pensioners by introducing suitable legislative amendment if required.
13. Representations in various committees : As recommended vide Vth CPC report Vol III para 141.30 Pensioners’ representatives should be included in various committees & other Fora of Govt where issues relating to the welfare of pensioners are likely to be discussed &debated :
Discussing, debating and deciding the matters / Policies relating to Pensioners, with representatives other than those of pensioners, is unfair & against the Rules of ‘Natural Justice’. At present various Committees like National Anomaly Committee (NAC) and JCM (on Pensioner matters), are there, wherein matters / policies relating to pensioners’ welfare are discussed and decided, but they do not have pensioners’ representatives with the result their viewpoints, hardships & anomalies are not properly represented. As pensioners are a homogenous class, there is an urgent need to constitute separate Committees for pensioners wherein matters / policies / anomalies relating to pensioners of all Groups, categories &departments may be discussed.
14. Govt. should not indirectly pressurize courts by appealing again & again to get judgments reversed in its  favor & must implement all court  judgments  in  case of all similarly placed persons.
V CPC recommended in para 126.5 that any Court Judgment involving  a common policy matter of pay/pension to a group of employees/pensioners, should be extended automatically to similarly placed employees/pensioners without driving every affected individual to the Courts of law. This recommendation is never followed by GOI, with the result Pensioners in the evening of their life, are forced to approach the legal forums, seeking  the same relief. This in turn, bulges court dockets. VII CPC to look into this matter once again and to issue suitable guidelines as deem fit and necessary.
With regards
Truly Yours,

ER.S.C.Maheshwari
 Secy.Genl. Bharat Pensioners Samaj
Source: www.scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/04/bharat-pensioners-samaj-draft-reply-to.html]

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